JN 311 1nd Edition Lecture 13Outline of Last Lecture I. Chapter 19Outline of Current Lecture II. Chapter 14Current LectureLaw & Ethics: What’s the Difference?-Ethics- doing the right thing-Governed by professional codes of ethics-Internal control-Penalties?-Law- Legal rights, responsibilities and Prohibitions-Governed by statutes and courts-Governmental control-Penalties?Law & Ethics-Law influences news & PR in two major ways-Ensures open meetings and open records-Publication protection and consequencesThe First Amendment-Much of the protection comes from the First Amendment Libel Law-Libel- A false and defamatory attack in written form on a person’s reputation or character-Libel occurs when: -A false and defamatory statement about an identifiable person-Is published to a third party-Causing injury to the subjects reputation-The ultimate defense: truthNew York Times vs. Sullivan (1964)-AD contained errors-Local jury: Sullivan libeled awarded $500,000-Landmark decision-SCOTUS: Truth is not the only defenseThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.-Dependence on truth as a defense leads to self censorship; people would be afraid to criticize government -Three-part standard for public officials to win a libel suit:-What was published was a defamatory falsehood-Related to his or her official conduct-Made with actual malice-Actual Malice- “knowledge that the information was false” or that is was published “with reckless disregard of whether it was false or not”-Required to establish libel against public officials or public figures-Public Officials- Government employees who have responsibility for governmental activities-Public Figures- People who have considerable power and influence and those who “voluntarily thrust” themselves into public controversy-Private Individuals- Rather than actual malice, the person only needs to show that the material was published with carelessness or negligenceOther Issues-Corrections-Privilege- Qualified vs. Absolute-Right to privacy -Using likenesses without permission-Using copyrighted content-Public vs. private propertyOpen Records & Meetings-Access to information/places where news is happening:-Sunshine laws-FOIA-Public vs. Private places-Application to PR practitionersAccess to Governmental Information-Open records-Freedom of Information act (Federal)-Sunshine Laws-The public may inspect records dealing with crime, courts, education, spending, information-Exceptions: When another law trumps the open records law, info is not accessible:-Individualized student information-Juvenile records-Medical records-Police investigation notesOpen Meetings-Government meetings are open to the public- and you represent the public-Government meetings must be advertised in advance-An exception: Executive or closed session-Votes may not occur behind closed